cover
Contact Name
Dimas Dwi Arso
Contact Email
ddarso@unib.ac.id
Phone
+6285267043381
Journal Mail Official
jurnalbkljustice@unib.ac.id
Editorial Address
Jalan WR Supratman, Kandang Limun, Pascasarjana Ilmu Hukum Universitas Bengkulu, Bengkulu.
Location
Kota bengkulu,
Bengkulu
INDONESIA
Bengkoelen Justice : Jurnal Ilmu Hukum
Published by Universitas Bengkulu
ISSN : 20883412     EISSN : 26862867     DOI : https://doi.org/10.33369/j_bengkoelenjust
Core Subject : Social,
Bengkoelen Justice is a peer-reviewed professional journal with the editorial board of scholars mainly in applied law. It is published by the Postgraduate Program of Law, Universitas Bengkulu, Indonesia with the ISSN (Online) : 2686-2867 and ISSN (print): 2088-3412 The journal seeks to disseminate research to educators around the world and is published twice a year in the months of April and November. The newest template has been published since Volume 9(1): April 2019.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 60 Documents
PROCESS OF PROSPEROUS RESEARCH FILES IN THE CASE DETERMINING NEW INSTITUTIONS IN CRIMINAL MEASURES CORRUPTION Herlambang Herlambang; Antory Royan; Samhori Samhori
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (253.108 KB) | DOI: 10.33369/j_bengkoelenjust.v10i1.11339

Abstract

This thesis is the result of research on "Process Attorney Researcher Case file in Determine Suspect New on Corruption", specifically this thesis discusses the process of determining the new suspects by prosecutors investigators file corruption cases and factor inhibitors for Attorney Researcher Files Case to determine a suspect new in the case file corruption. In particular, this thesis examines several cases of corruption filed by Investigator Police Resort Arga Makmur District Attorney of Public Prosecutions to Arga Makmur. The results of the study illustrate that the Attorney Researcher in determining new suspects in the case files submitted by police investigators are using the instrument giving direct instructions by the prosecution team of researchers P 19 and the instrument exposes / his case subsequently prosecutors investigators case file gives instructions to the investigator to be fulfilled within 14 days after prosecutors clue investigators met by investigators, the case file is declared complete by prosecutors investigators (P21).
AKAD FINANCING OF MURABAHAH BETWEEN CUSTOMERS WITH MUAMALAT BANKS HARKAT VIEWED FROM SHARI'AH PRINCIPLES Candra Irawan; Adi Bastian; Febrozi Rohadi
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (454.178 KB) | DOI: 10.33369/j_bengkoelenjust.v10i1.11340

Abstract

Currently in Indonesia Islamic Bank has gained a place and interested in the community, causing many emerging Syari'ah Bank and Financial Institutions of the syari'ah, and products in Islamic banks are widely used is murabahah financing. The formulation of the problem in this research are: (1). How is the implementation of the sale and purchase through murabahah financing between Bank Muamalat Harkat with customers. (2). Is trading system murabahah financing between Bank Muamalat Harkat and customers have been according to the principles of Syari’ah. (3). How murabahah financing efforts to resolve the breach between the customer and Muamalat Harkat. This research method is empirical legal research, this study was conducted in Bank Muamalat Harkat based data collection through field research such as interviews, observation and description as well as information from respondents through library research. The results of this research are: before an agreement Bank to assess carefully the prospective customer in the form of a comprehensive analysis and is divided into several stages, such as the assessment using the principle of 5C Character (Character of the debitor), Chapacity (Capability Candidate Debitor) , Capital (Capital candidate Debitor), Collateral (Collateral candidate Debitor) and Condition of economy (economic condition of the prospective Borrower). Trading system murabahah financing between Bank Muamalat Harkat with the customer has not fully based on the principles of the Syari'ah. Murabahah financing efforts to resolve the defaults can be solved by R3 is Restrukturing (Arrangement Back), Reconditioning (Terms Back) and Rescheduling (rescheduling), sales collateral and auction execution. 
UNIT PRICE CONTRACT IN CONSTRUCTION WORK Herawan Sauni; Yosep Fery Yorizal Fery Yorizal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (476.922 KB) | DOI: 10.33369/j_bengkoelenjust.v10i1.11341

Abstract

According to Presidential Regulation No. 54 of 2010 article 50 paragraph (3) there are 5 (five) contract of procurement goods and services based on payment namely lump sum contract, unit price contract, the combination of lump sum and unit price contract, percentage contract and turnkey contract. Of those five contract types, lump sum and unit price contracts are the most common contract applied in construction work; but other types are also possible to be applied. Government Regulation No. 29 of 2000 article 21 paragraph (2) states “Construction work contract of unit price payment as stated in article 20 paragraph (3) part a number 2 is a contract on services for each completed unit of work within the time given with fixed price for each unit based on volume of work done by service Supplier”. However, there are many service Suppliers in Department of Public Works that do not fully understand about unit price contract in construction work. Thus, the objective of this study is to find out the important considerations in applying unit price contract in work construction.
BENCHMARK FOR DETERMINATION OF FORCED MONEY IN EXECUTION OF STATE ADMINISTRATIVE COURT JUDGMENT Muhammad Ali; Ardilafiza Ardilafiza; Jonny Simamora
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (261.566 KB) | DOI: 10.33369/j_bengkoelenjust.v10i1.11353

Abstract

The purpose of this research is to study about Benchmark Determination of the Administrative Court Decision Execution Forced In. Research methods used in this thesis is a research type normative and descriptive analytical research specifications, and approaches used, namely, the approach Law and approach cases. From the research we concluded that since when the claimant may apply for money of enforced at the time of the initial filing a lawsuit to the Administrative Court, for their money forced / Dwangsom in a decision of the State Administrative Court, it is motivated by a petition of Plaintiff in the lawsuit to beg loading money forced / Dwangsom Defendant if lost and wayward implement administrative court ruling, benchmark application is the amount of money forced the ruling stating Plaintiff granted, judgment and decision condemnatoir who has obtained permanent legal force. Because implementing administrative court ruling is always Agency / Administrative Officers are still active, more effective and efficient if the imposition of forced currency / dwangsom taken / deducted from salaries / allowances officials concerned each month. So it is not charged to the State finances forced money order imposing sanctions / dwangsom and administratively feasible, must be followed by concrete implementing regulations relating to money forced / dwangsom to sync with the Administrative Court Act and the Law on Government Administration.
THE PROBLEM FACING BY PT. METRO BATAVIA TO PROVIDE COMPENSATION TO COSTUMERS BASED ON THE CONSTITUTION (A case study concerning Bankruptcy of PT. Metro Batavia) Tito Sofyan; Candra Irawan; Dya Vitalia
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (563.516 KB) | DOI: 10.33369/j_bengkoelenjust.v10i1.11354

Abstract

Bankruptcy happened to airlines companies causes troubles not only on debtors but also on consumers as the expectant passengers that have purchased flight tickets. When PT. Batavia Air was sentenced bankruptcy by the Commerce Court then all operational activities shall stop. These halted Operational activities resulted loss on consumers since thousand of consumers that have bought tickets cannot fly. Verdict of Commercial Court of Jakarta Pusat No.77/Pailit/2012/PN.NIAGA.JKT.PST on January 30th, 2013 decided all activities concerning on properties are delegated to curator appointed by the court stated on verdict. For consumers that demand any compensation of loss, it is suggested to register a debt note in curator office. On Act No. 1 of 2009 concerning on airlines and Minister Regulation No. 77 of 2011 concerning responsibility of airline, it is stated that airlines are responsible to repay the whole cost of ticket spent by passengers. However, in the reality it is impossible to consumers to get the compensation since they stand as concurrent creditors which have no rights to get advanced repayment. The full repayment can only be possible to gain by consumers after curator complete the whole repayment process to separative and preference creditors.
THE IMPLEMENTATION OF PARENT’S RESPONSIBILITIES (HOMELESS) TOWARDS CHILDREN WELFARE ACCORDING TO REGULATION’S NO. 4 OF 1979 ON CHILDREN WELFARE IN BENGKULU CITY Ardani Mahendra; Joko Susetyanto; Nur Sulistyo Budi Ambarini
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (583.919 KB) | DOI: 10.33369/j_bengkoelenjust.v10i1.11357

Abstract

The aims of the study entitled “Parents’ Responsibilities toward Children Welfare According to Regulations No. 4 of 1979 on Children Welfare (A Case Study on the Homeless in Bengkulu City) Analyzed by Using Theory of Role” were to analyze the implementation of parents’ responsibilities (homeless) toward children welfare in Bengkulu City, and to analyze the factors influenced the failure in performing parents’ responsibilities (homeless) in ensuring the welfare of children in Bengkulu City. The method used was empirical legal research with descriptive characteristic. The result of the study showed that: the implementation of parents’ responsibilities (homeless) in Bengkulu City toward the children welfare was below the acceptance standard level since a majority of parents (homeless) in Bengkulu City could not perform their responsibilities as parents, and the factors influenced the failure in performing parents’ responsibilities (homeless) in ensuring the children welfare in Bengkulu City were consisted of economic factor of the family, socio-economic role of the family, the family unity, attitudes and habits of parents, as well as communication between parents and children.
THE LEGAL CERTAINTY OF CERTIFIED LAND WITHOUT OFFICIAL LAND DEED (PPAT) DOCUMENT IN PADANG JAYA SUB DISTRICT OF BENGKULU UTARA REGENCY Erwin Setyawan; Farida Fitriyah; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (578.781 KB) | DOI: 10.33369/j_bengkoelenjust.v10i1.11358

Abstract

This study aims to analyze and indentify the causes and factors affecting as well as the effect of Sales and Purchase of certified Land without Official Land Deed (PPAT) document in Padang Jaya sub district of Bengkulu Utara Regency. The research method used in this study was qualitative descriptive. Data collecting technique was empirical data from interview that have been conducted on September 13th to 20th, 2016. Data analysis used qualitative descriptive. The result of this study showed that the registration of land is not effective yet. The effective law in land registration depends on legal factor, law enforcement factor, infrastructures and facilities factor, society factor and cultural factor. While the factors affecting in implementation of law effectivity are constitutional factor and infrastructures and facilities factor. Overall it can be concluded that there is not law effectivity in Sales and Purchases of certified Land without PPAT document in Padang Jaya sub district of Bengkulu Utara Regency which needs legal protection and legal certainty in land registration.
THE IMPLEMENTATION OF REGULATION OF THE MINISTER OF RELIGIOUS AFFAIRS OF THE REPUBLIC OF INDONESIA NUMBER 12 YEAR 2016 REGARDING THE MANAGEMENT OF NON-TAX STATE REVENUES ON MARRIAGE FEE OR RECONCILIATION OUTSIDE THE DISTRICT OFFICE OF RELIGIOUS AFFAIRS AT THE DISTRICT OFFICES OF RELIGIOUS AFFAIRS IN BENGKULU CITY Budi Hartono; Sirman Dahwal; M. Darudin
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (374.144 KB) | DOI: 10.33369/j_bengkoelenjust.v10i1.11359

Abstract

One of the sources of non-tax state revenues from the District Office of Religious Affairs comes from the marriage fees that are carried out outside the District Office of Religious Affairs, as stipulated in the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 Year 2016. This Regulation of the Minister of Religious Affairs is applied in all District Offices of Religious Affairs in every City or Regency in Indonesia. The formulations of the problem investigated in this study were: (1) How was the Implementation of the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 of 2016 concerning the Management of Non-Tax State Revenues on Marriage Fees or Reconciliation Outside the District Office of Religious Affairs in the District Offices of Religious Affairs in Bengkulu City?; (2) Was the marriage cost outside the District Office of Religious Affairs paid by the bride and groom outside the provisions of the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 year 2016 concerning the Management of Non-Tax State Revenues on Marriage Fees or Reconciliation Outside the District Office of Religious Affairs can be classified as gratification acts y as regulated in Law of the Republic of Indonesia Number 20 year 2001 concerning Corruption Crimes?. The research method used to address these problems was the empirical juridical research method. The results of this study indicated that: (1) The regulation of the Minister of Religious Affairs Number 12 year 2016 concerning the Management of Non-Tax State Revenues on Marriage Fee and/or Reconciliation Outside the District Office of Religious Affairs, has been implemented at the District Offices of Religious Affairs of Bengkulu City, namely, in terms of the provisions for marriage fees, deposits and receipts, disbursements, uses and reporting. (2) Marriage Fees or Reconciliation Outside the District Office of Religious Affairs, especially in the case of the Headman, or the Head of the District Office  of Religious Affairs, or Officers who received money when carrying out services for the implementation of marriage contract counseling outside the District Office of Religious Affairs, cannot be classified as gratification acts as regulated in the Law of the Republic of Indonesia Number 20 Year 2001 regarding Corruption Crime.
AGRARIAN REFORM UNDER THE REIGN OF JOKO WIDODO VIEWED FROM BASIC AGRARIAN LAW Rizka Refliarny; Herawan Sauni; Hamdani Ma'akir
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (186.104 KB) | DOI: 10.33369/j_bengkoelenjust.v10i1.11360

Abstract

This study raises the issue of agrarian reform draft under the reign of President Joko Widodo. Agrarian reform became a priority program in the RPJMN of 2015-2019. Based on this matter, the writer analyzes the concept of agrarian reform during the reign of Joko Widodo terms of BAL. The nature of the study was a normative research with statute approach, which was done in four ways, namely descriptive, comparative, evaluative and argumentative. The results showed that the agrarian reform draft during the reign of Joko Widodo is a concept of land stewardship and land reform. The economic system leads to a form of capitalism. It is necessary to conduct refinement of content and material of BAL implementation in order to achieve the justice and the welfare of the nation and the State. The agrarian reform program should be carried out in stages in order to obtain the desired results. It requires the will, ability and active involvement of all elements of the state.
CASE STUDY OF CLAIM AGAINST VIOLENCE IN HOUSEHOLD IN RELIGION COURT OF CLASS I A BENGKULU Edytiawarman Edytiawarman; Slamet Muljono; Dimas Dwi Arso
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (383.346 KB) | DOI: 10.33369/j_bengkoelenjust.v10i1.11361

Abstract

This study aims to determine what factors cause one of the parties to commit domestic violence and how is the judge's consideration in completing the case for divorce due to domestic violence in the Class I A Bengkulu Religious Court. In this study the authors use a normative juridical approach, also called research on doctrinal law that is the law conceptualized as what is written in the legislation or law conceptualized as a rule or norm which is a benchmark of human behavior that is considered appropriate. In this study, what was sought was the decision of the Bengkulu Class Religion Court in deciding the case for divorce due to domestic violence. In this study the authors used a type of descriptive research, which is to provide as much detailed data as possible about human conditions or other symptoms. This descriptive method is intended to obtain a good, clear picture and can provide as much detailed data as possible about the object under study. In this case to describe the divorce due to domestic violence. The results of this study are expected to be used as a reference in conducting legal counseling in the city of Bengkulu to increase community legal awareness that domestic violence is contrary to applicable laws and regulations and as a reference material for the enrichment of civil law teaching materials in general and marriage law in general. especially.